PUBLIC PROSECUTOR Vs. VELAYANGAT DEVASSIA

JUDGEMENT

(1.) This is Criminal Appeal filed against an acquittal by the Joint Magistrate, Tellicherry, in C. A. No. 6 of 1950.

(2.) The facts are : The accused (respondent before us) lives with his wife in Manathana Amsom. On 26-11-1949 at about 5-30 or 6 p.m. P. W. 1 the Subinspector of Police, Peravur, searched the accused's house in the presence of P.W. 2 and other witnesses and recovered from inside a single room of the house one jar M. O. 1 containing 14 3/4th bottles of arrack and an empty bottle, M. O. 11 which was kept by its side. P.W. 1 took M. Os. 1 and 2 into custody under a search list, Ex. P. 1 in the presence of P.W. 2 and one Joseph Kutty who have attested Ex. P. 1. The accused was also in the house at the time of the search. P. W. 1 registered a case as Crime No. 25 of 1949 of the Peravur station, prepared the first information report and without further enquiry laid the charge-sheet on 6-12-1949.

(3.) The case for the accused was that on 26th two police constables came to his house and asked him to accompany them to the police station, he started for the police station, that when they reached a place known as Pottanchura the constables took him to the forest nearby and pointed out M.O. 1 which was there and asked him what it was that the accused stated that he did not know; that he was then asked to carry it to the station and he refused, that the police constables tied up his hands and carried M. O. 1 with the help of one Verghese to the Peravur police station.